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BREWERY ACT CHAPTER 87:52 LAWS OF TRINIDAD AND TOBAGO Act 17 of 1899 Amended by 59 of 1921 18 of 1930 43 of 1934 31 of 1939 23 of 1952 32 of 1957 4 of 1961 7 of 1973 38 of 1978 45 of 1980 51/1980 4/1985 239/1990 6 of 1991 6 of 1993 8 of 1996 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–21 .. 1/2006 L.R.O. 1/2006 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UPDATED TO DECEMBER 31ST 2007

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BREWERY ACT

CHAPTER 87:52

LAWS OF TRINIDAD AND TOBAGO

Act17 of 1899

Amended by59 of 192118 of 193043 of 193431 of 193923 of 195232 of 1957

4 of 19617 of 1973

38 of 197845 of 1980

51/19804/1985

239/19906 of 19916 of 19938 of 1996

Current Authorised PagesPages Authorised

(inclusive) by L.R.O.1–21 .. 1/2006

L.R.O. 1/2006

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UPDATED TO DECEMBER 31ST 2007

LAWS OF TRINIDAD AND TOBAGO

2 Chap. 87:52 Brewery

Index of Subsidiary LegislationPage

Brewery (Manufacture of Beverages) Order (LN 112/1990) … … 21

Note on Adaptation

Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commissionamended certain references to public officers in this Chapter. The Minister’s approval of theamendments was signified by LN 52/1980, but no marginal reference is made to this Noticewhere any such amendment is made in the text.

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UPDATED TO DECEMBER 31ST 2007

L.R.O. 1/2006

LAWS OF TRINIDAD AND TOBAGO

Brewery Chap. 87:52 3

CHAPTER 87: 52

BREWERY ACT

ARRANGEMENT OF SECTIONSSECTION

1. Short title.2. Interpretation.3. Licence to brew.

3A. Excise duty on beer, shandy and other malt beverage.4. Unit of material.5. Charge of duty.6. Minister may authorise deduction of certain materials by way of relief.7. Mode of ascertaining gravity and quantity.8. Mode of ascertaining original gravity.9. (Repealed by Act No. 8 of 1996).

10. Loss by fire or other unavoidable cause.11. Brewing book.12. Marking of vessels and rooms and positions of vessels.13. Entry of premises.14. Sugar store and accounts of sugar.15. Adulteration of beer.16. Operations in course of brewing.17. (Repealed by Act No. 8 of 1996).18. Separation and mixing of brewings.19. Officer may take samples.

Payment for samples.20. Penalty for concealing beer, etc.

20A. (Repealed by Act No. 8 of 1996).20B. Brewer of shandy to keep record of volume of production.

21. Brewer to provide scales, weights, ladders, etc.22. Use of unjust weights or measures.23. Power of entry and examination by Officers.24. Power to enter and search for concealed pipes, etc.25. Obstruction of Officers.26. Drawback on beer exported.

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UPDATED TO DECEMBER 31ST 2007

LAWS OF TRINIDAD AND TOBAGO

4 Chap. 87:52 Brewery

27. Exportation of brewery products.28. Samples to ascertain gravity of beer for export.29. Debenture for payment of drawback.30. (Repealed by Act No. 8 of 1996).31. Prohibition against possession of sugar and other substances.32. Power to prohibit use of certain substances in excisable goods.33. (Repealed by Act No. 8 of 1996).34. Exemption from Customs duty.

34A. Minister may authorise manufacture of other beverages.34B. Use of duty-free equipment in authorised manufacture.

35. Penalties.

SCHEDULE.

ARRANGEMENT OF SECTIONS—ContinuedSECTION

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UPDATED TO DECEMBER 31ST 2007

L.R.O. 1/2006

LAWS OF TRINIDAD AND TOBAGO

Brewery Chap. 87:52 5

CHAPTER 87:52

BREWERY ACT

An Act to regulate the Brewing of Beer and to impose certainduties thereon.

[9TH AUGUST 1899]

1. This Act may be cited as the Brewery Act.

2. In this Act—“approved” and “required” mean approved and required by the

Comptroller;“authorised manufacture” means the manufacture of a beverage

authorised by the Minister by Order under section 34A, andincludes the manufacture of shandy;

“beer” includes ale, porter, spruce beer, and black beer, and anyother description of beer, and any liquor which is made orsold as a description of beer or as a substitute for beer, andwhich on analysis of a sample thereof at any time is foundto contain more than 11/2 per cent Alc./Vol., or to have anoriginal gravity exceeding one thousand and twelve degrees;but the Minister shall have power to modify this definitionor permit such exemptions as may be found desirable;

“beverage” does not include beer;“brewer” means a brewer of beer for sale, that is to say, any person

who brews beer for the use of any other person at any placeother than the premises of the person for whose use the beeris brewed, and any person licensed to deal in or retail beer,who brews beer;

“Comptroller” means the Comptroller of Customs and Excise;“duty” means excise duty chargeable under section 3A;“Officer” means the Comptroller or any Supervisor or any

Officer of the Customs and Excise department for the timebeing employed or acting as such;

“other malt beverage” means any non-alcoholic brewedmalt beverage;

1950 Ed.Ch. 32 No. 10.17 of 1899.

Commencement.

Short title.

Interpretation.[4 of 19617 of 197345 of 1980239/19906 of 19916 of 19938 of 1996].

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UPDATED TO DECEMBER 31ST 2007

LAWS OF TRINIDAD AND TOBAGO

6 Chap. 87:52 Brewery

“prepared grist” means rice, and any other description of cornwhich may have been subjected to any special process, otherthan malting, for use in brewing;

“shandy” means a mixture containing not more than 11/2 per centAlc./Vol., bright beer, shandy concentrate, granulated sugar,carbon dioxide and water;

“sugar” means any saccharine substance, extract or syrup, andincludes any material capable of being used in brewing,except malt or corn;

“warehouse” has the meaning assigned to it by section 3 of theExcise (General Provisions) Act;

“wort” means any extract or solution convertible into beer.(2) The provisions of this Act, except sections 3(5) and

3A(2), shall apply mutatis mutandis to other malt beverage, shandyand any other beverage produced by a brewer in a brewery as theyapply to beer.

3. (1) There shall be paid to the Comptroller a duty of twothousand dollars on a licence to be taken out annually by a brewerin Trinidad and Tobago.

(2) Every licence shall be in such form as the Comptrollershall direct, and shall, whenever issued, be granted only on paymentof the duty in full, and such licence shall expire on 31st Decemberin each year.

(3) A licence issued under this section shall not authorisethe brewer to sell beer other than that brewed by himself, and thequantity to be sold at any one time shall not be less than 4.5 litresor twelve bottles of 375 millilitres each.

(4) If any person brews beer for sale without having inforce a proper licence under this Act, he is liable to a fine of fourthousand dollars, and all wort, beer, vessels, utensils and materialsfor brewing shall be forfeited.

(5) If any brewer sells any quantity of beer less than4.5 litres or twelve bottles of 375 millilitres each, he shall bedeemed to be a retailer and is liable to the penalty for retailingbeer without a licence.

Ch. 78:50.

Licence to brew.[51/19804/19856 of 1991].

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UPDATED TO DECEMBER 31ST 2007

L.R.O. 1/2006

LAWS OF TRINIDAD AND TOBAGO

Brewery Chap. 87:52 7

3A. (1) There shall be charged on beer and shandy producedin Trinidad and Tobago an excise duty calculated on each litre ofbeer of an original gravity of one thousand and fifty degrees brewedor used in the production of such beer or shandy, as the case maybe, and so in proportion for any difference in quantity or gravity.

(2) There shall be charged on other malt beverageproduced in Trinidad and Tobago an excise duty calculated on eachlitre of other malt beverage of an original gravity of one thousandand fifty degrees brewed and so in proportion for any difference inquantity or gravity.

4. Nineteen kilograms weight of malt or corn of anydescription, or 14.5 kilograms weight of prepared grist, or12.7 kilograms weight of sugar, shall be a unit of material; and theexpression “unit of material” includes its equivalents or any suchquantities of malt, corn, prepared grist, and sugar, or any two ormore of those materials, as by relation to such equivalents shall beequal to such unit of material.

5. (1) Every brewer shall be deemed to have brewed81 litres of wort of the gravity of one thousand and fifty degreesfor every unit of material entered or used by him in brewing.

(2) The duty on beer brewed by a brewer shall be inrespect of every litre of beer, delivered from the warehouse forconsumption in Trinidad and Tobago, of the original gravity ofone thousand and fifty degrees, and so in proportion for anydifference in quantity or gravity as entered in the book by thebrewer, or as ascertained by an Officer, whichever is higher.

(3) Duty shall be payable on any deficiency in theproduction of beer which cannot be shown to the satisfaction ofthe Comptroller to have arisen due to accidental loss or wasteincident to the brewing of beer or the subsequent preparation thereoffor consumption.

(4) All beer produced by a brewery shall be deposited ina warehouse and recorded by an Officer as being for consumptionin Trinidad and Tobago or for exportation, use as ships’ stores orremoval to another warehouse.

Excise duty onbeer, shandy andother maltbeverage.[8 of 1996].

Unit of material.[6 of 1991].

Charge of duty.[6 of 1991].

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UPDATED TO DECEMBER 31ST 2007

LAWS OF TRINIDAD AND TOBAGO

8 Chap. 87:52 Brewery

(5) No beer which is—(a) entered for consumption in Trinidad and Tobago,

shall be removed from a warehouse unless thefull duties have been paid in respect of it; and

(b) entered for exportation, use as ships’ stores orremoval to another warehouse, shall be removedfrom a warehouse without the written permissionof an Officer in accordance with the proceduresset out in section 23 of the Excise (GeneralProvisions) Act.

6. Where the materials used in brewing by a brewer areproved to the satisfaction of the Minister to be of such a descriptionor nature that some deduction from the quantity chargeable byrelation to materials should be made, he shall authorise such adeduction from that quantity as shall, in his opinion, afford justrelief to the brewer.

7. (1) An approved saccharometer and tables shall be usedto ascertain the quantity by relation to gravity of all wort; and, incalculating the gravity, a degree of gravity shall be taken as equalto one-thousandth part of the gravity of distilled water at fifteendegrees Celsius.

(2) The quantity and gravity so ascertained shall bedeemed to be the true quantity and gravity of such wort.

8. When the original gravity cannot be satisfactorilyascertained by the saccharometer, such gravity may be determinedin the following manner:

(a) a sample shall be taken from any part of suchwort, and a definite quantity thereof by measureat the temperature of fifteen or twenty-six degreesCelsius shall be distilled;

(b) the distillate and residue shall each be made upwith distilled water to the original volume andtemperature before distillation, and the gravity ofeach shall be ascertained;

(c) the number of degrees by which the gravity of thedistillate is less than the gravity of distilled watershall be deemed the spirit indication of the distillate;

Ch. 78:50.

Minister mayauthorisededuction ofcertain materialsby way of relief.

Mode ofascertaininggravity andquantity.[6 of 1991].

Mode ofascertainingoriginal gravity.

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UPDATED TO DECEMBER 31ST 2007

L.R.O. 1/2006

LAWS OF TRINIDAD AND TOBAGO

Brewery Chap. 87:52 9

(d) the degrees of original gravity standing oppositeto such spirit indication in the Table in theSchedule, added to the specific gravity of theresidue, shall be deemed to be the original gravityof the wort;

(e) the original gravity so found shall be taken to bethe original gravity of the wort for charging theduty thereon whenever it exceeds the gravityentered by the brewer or ascertained by thesaccharometer.

9. (Repealed by Act No. 8 of 1996).

10. When any materials upon which a charge of duty has beenmade, or any wort or beer, shall be destroyed by accidental fire orother unavoidable cause while the same are on the entered premisesof a brewer, the Minister shall, on proof of the loss to hissatisfaction, order that the duty charged or paid be remitted orrepaid, as the case may be.

11. (1) A book in the approved form shall be delivered by anOfficer to every brewer, and the following provisions shall haveeffect in relation to the book, and to the entries to be made therein:

(a) the brewer shall keep the book in some part ofhis entered premises at all times ready for theinspection of the Officer, and shall permit anyOfficer at any time to inspect the same and makeextracts therefrom;

(b) the brewer shall enter separately in the book thequantity of the several materials which he intendsto use in his next brewing, and also the day andhour when the next brewing is intended totake place;

(c) the brewer shall make such entry, so far as respectsthe day and hour of brewing, twenty-four hoursat the least before he begins to mash or dissolve,and, so far as respects the quantity two hours atthe least before the hour entered for the mashingand the dissolving respectively;

TableSchedule.

Loss by fireor otherunavoidablecause.

Brewing book.

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UPDATED TO DECEMBER 31ST 2007

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10 Chap. 87:52 Brewery

(d) the brewer shall, two hours at the least before thehour entered for brewing, enter the time when allthe wort will be drawn off the grains in themash tun;

(e) the brewer shall, within one hour of the wort beingcollected, or, if the wort is not collected beforesix in the afternoon, before six in the forenoon ofthe following day, enter the particulars of thequantity and gravity of the wort produced fromeach brewing, and also the description andnumber of the vessel or vessels into which thewort has been conveyed;

(f) when fermentation has commenced in any wortbefore the brewer has entered the quantity andgravity thereof in the book provided for thatpurpose, the true original gravity of the wortbefore fermentation shall be entered bythe brewer;

(g) the brewer shall, at the time of making any entry,insert the date when the entry is made;

(h) the brewer shall not cancel, obliterate or alter anyentry in the book, or make therein any entry whichis untrue in any particular;

(i) the brewer shall, if so required by the Comptroller,send notice in writing containing the requiredparticulars to the proper Officer forty-eight hoursbefore his next brewing is intended to take place.

(2) For any contravention of this section the brewer isliable to a fine of four thousand dollars.

12. (1) Every brewer shall cause to be legibly painted withoil colour, and keep so painted, on some conspicuous part of everymash tun, underback, wort receiver, copper, heating tank, coolerand collecting and fermenting vessel intended to be used by himin his business, and on the outside of the door of every room andplace wherein any part of his business is to be carried on, the nameor initial letter or letters of the name of the vessel, room or place,according to the purpose for which it is intended.

(2) When more than one vessel, room or place is used for

Marking ofvessels androoms andpositions ofvessels.

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UPDATED TO DECEMBER 31ST 2007

L.R.O. 1/2006

LAWS OF TRINIDAD AND TOBAGO

Brewery Chap. 87:52 11

the same purpose, all such vessels, rooms or places shall bemarked by progressive numbers.

(3) All mash tuns, underbacks, wort receivers, coppers,heating tanks, coolers and collecting and fermenting vessels shallbe so placed and fixed as to admit of the contents being accuratelyascertained by gauge or measure and shall not be altered in shape,position or capacity without two days’ previous notice in writingto the proper Officer.

(4) For any contravention of this section the brewer isliable to a fine of four thousand dollars.

13. Every brewer shall, before he begins to brew, make entryin the required form of all premises, rooms, places and vesselsintended to be used by him for his business, specifying the purposefor which each room, place and vessel is to be used, and the markby which it is distinguished. The brewer shall sign the entry, anddeliver it to the proper Officer.

14. (1) Every brewer who uses any description of sugar,whether cane sugar, saccharum, glucose, or other saccharinesubstance, or extract, or syrup (hereinafter referred to as “sugar”)in the brewing of beer or in an authorised manufacture shall, beforehe begins to store or use the same, make entry of a room on hispremises (hereinafter called a sugar store) for the purpose of storingthe same.

(2) The brewer shall not receive any sugar unless the sameis accompanied by an invoice from the seller showing the markson each package and the particulars of the description and weightor quantity of the contents.

(3) All sugar received shall be deposited in the sugar storeand may not be removed except for use in brewing or in anauthorised manufacture.

(3A) Sugar removed from the sugar store shall beaccounted for by appropriate entries in the brewing book wherethe sugar is used in brewing or in a separate record kept for thepurpose where the sugar is used in an authorised manufacture.

Entry ofpremises.

Sugar storeand accountsof sugar.[45 of 1980].

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UPDATED TO DECEMBER 31ST 2007

LAWS OF TRINIDAD AND TOBAGO

12 Chap. 87:52 Brewery

(4) Accounts may be taken, as the Comptroller may direct,of every description of sugar received by a brewer, and the breweris hereby required to deliver to the proper Officer the particularsof all sugar of each and every description in his possession andevery invoice relating thereto, and the brewer shall thereafter deliverto the Officer all invoices relating to sugar of every descriptionsubsequently received.

(5) The Officer shall keep an account of sugar of eachand every description received by the brewer, and shall debit thebrewer with the quantities specified in the invoices produced tohim, and credit the brewer with the quantities entered in the brewingbook as having been used in brewing or in the record referred to insubsection (3A) as having been used in an authorised manufacture.

(6) If, on taking account of the stock at any time, thequantity of any description of sugar in the possession of the brewerexceeds the quantity of that description which ought, according tothe account kept by the Officer, to be in his possession, the excessshall be forfeited; and if the quantity is less than the quantity whichought, according to the account kept by the Officer, to be in hispossession, any deficiency above two per cent on the total on thedebit side of the account shall be deemed to have been used in thebrewing of beer without due entry in the brewing book, and dutyshall be charged in respect thereof as if the deficiency had beenso used.

(7) If any brewer has any sugar in his possessionelsewhere than in the sugar store or the mash tun or other vesselentered for dissolving sugar, or in due course or removal thereto,or refuses to produce invoices when so required, or uses any deviceto prevent the Officer taking a true account of all sugar in hispossession, he is liable to a fine of two thousand dollars, and thesugar found elsewhere than mentioned above is liable to seizure.

15. (1) A brewer shall not adulterate beer, or add any matteror thing thereto (except finings for the purpose of clarification, orother matter or thing sanctioned by the Minister) before the sameis delivered for consumption, and any beer found to be adulteratedor mixed with any other matter or thing (except as mentioned above)in the possession of a brewer shall be forfeited, and the brewer isliable to a fine of two thousand dollars.

Adulterationof beer.[45 of 1980].

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UPDATED TO DECEMBER 31ST 2007

L.R.O. 1/2006

LAWS OF TRINIDAD AND TOBAGO

Brewery Chap. 87:52 13

(2) A dealer in or retailer of beer shall not adulterate ordilute beer or add any matter or thing thereto (except finings forthe purpose of clarification), and any beer found to be adulteratedor diluted or mixed with any other matter or thing (except finings)in the possession of a dealer in or retailer of beer shall be forfeited,and he is liable to a fine of two thousand dollars.

(3) The use of beer in the manufacture of shandy is not acontravention of subsection (1).

16. (1) All grains in a mash tun must be kept untouched forthe space of one hour after the time entered in the book as the timefor the wort to be drawn off, or if not then drained one hour afterbeing drained, unless the Officer has attended and taken an accountof the grains.

(2) All wort shall be removed successively, and in thecustomary order of brewing, to the underback, coppers, coolersand collecting and fermenting vessels, and shall not be removedfrom the last-mentioned vessels until an account has been takenby the Officer, or until after the expiration of twenty-four hoursfrom the time at which the wort is collected in the vessels.

(3) When wort has commenced running into a collectingor fermenting vessel, the whole of the produce of the brewing shallbe collected within twelve hours.

(4) When wort of different gravities are collected togetherin any vessel for the charge account, the brewer shall mix the wortthoroughly together so that a correct average sample of the wholemay be obtainable.

(5) For any contravention of this section the brewer isliable to a fine of two thousand dollars.

17. (Repealed by Act No. 8 of 1996).

18. (1) Every brewer shall keep the total produce of a brewingseparate from the produce of any other brewing for the space oftwenty-four hours, unless an account of the first-mentioned producehas been sooner taken by the Officer.

(2) He shall not mix the produce of one brewing withthat of any other brewing, except in his store vats or casks, unless

Operations incourse ofbrewing.

Separation andmixing ofbrewings.

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UPDATED TO DECEMBER 31ST 2007

LAWS OF TRINIDAD AND TOBAGO

14 Chap. 87:52 Brewery

he has given previous notice in writing to the proper Officer, andhe shall specify in writing the quantity and gravity of the wortwhen mixed. However, a brewer having weak wort of a gravitynot exceeding twenty-five degrees may, if he thinks fit, reservethe same for mixing with the produce of his next brewing, but insuch case he shall keep all the weak wort in the coppers,heating-tanks or other vessels entered for the purpose.

(3) For any contravention of this section the brewer isliable to a fine of four thousand dollars.

19. (1) An Officer may take such samples as he thinksnecessary of any wort or beer or materials for brewing in thepossession of any brewer.

(2) The brewer may, if he wishes, before any such sampleis taken, stir up and mix together all such wort, beer or materialsfrom which the sample is taken.

(3) Any Officer may at any time take samples of anygoods or commodities chargeable with any duty of Excise orCustoms, but if the samples are taken after duty has beencharged and paid on the goods or commodities, he shall pay forthe same, if demanded, at the current wholesale price of the goodsor commodities.

20. A brewer who conceals beer so as to prevent an Officerfrom taking account thereof, commits an offence and is liable to afine of fifty thousand dollars, and the beer in respect of which theoffence is committed, shall be forfeited.

20A. (Repealed by Act No. 8 of 1996).

20B. (1) A brewer engaged in the manufacture of shandyshall keep a record of the volume of all beer brewed by him andused in the manufacture of shandy, and he shall produce the recordfor inspection at the request of the Comptroller.

(2) A brewer who fails to comply with subsection (1) isliable on summary conviction to a fine of four hundred andeighty dollars.

Officer maytake samples.

Payment forsamples.

Penalty forconcealing beer,etc.[8 of 1996].

Brewer ofshandy to keeprecord ofvolume ofproduction.[45 of 1980].

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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L.R.O. 1/2006

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Brewery Chap. 87:52 15

21. (1) Every brewer shall provide and maintain sufficientand just scales and weights and other necessary and reasonableappliances to enable the Officers to take account of, or check byweight, gauge or measure all materials and liquids used or intendedto be used or produced in brewing.

(2) He shall also render all necessary assistance to theOfficers in the taking of such accounts.

(3) He shall also, if required by the Officer, providesufficient lights, ladders and other conveniences.

(4) For every contravention of this section the brewer isliable to a fine of four thousand dollars.

22. If any person exercising or carrying on a trade or businessunder or subject to any law of excise and being required to keepscales or weights or measures—

(a) in the weighing of his stock or any goods, uses orsuffers to be used any false, unjust or insufficientscales or weight or measure with intent to defraudthe State of any duty of excise; or

(b) before or after the weighing of his stock or anygoods, puts or suffers to be put any othersubstance thereto, whereby any Officer may behindered or prevented from taking a just andtrue account,

he shall, for every such offence, be liable to a fine of four thousanddollars, and the false, unjust or insufficient scales, weights andmeasures shall be forfeited.

23. (1) Any Officer may at any time, either by day or night,enter any part of the entered premises of a brewer to take an accountof the materials used or to be used in brewing and of the wort andbeer produced.

(2) If an Officer, after having demanded admission intothe entered premises of a brewer and declared his name and businessat any entrance or window thereof, is not immediately admitted,the Officer, and any person acting in his aid, may at any time,either by day or night (but at night only in the presence of a member

Brewer toprovide scales,weights, ladders,etc.

Use of unjustweights ormeasures.

Power of entryand examinationby Officers.

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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LAWS OF TRINIDAD AND TOBAGO

16 Chap. 87:52 Brewery

of the Police Service) break open any door or window of thepremises, or break through any wall thereof, for the purpose ofobtaining admission, and the brewer is liable to a fine of fourthousand dollars.

24. (1) If any Officer has reason to suspect that any privateor concealed pipe, or conveyance, or vessel, is kept or made use ofby a brewer, he may, either by day or night (but at night only in thepresence of a member of the Police Service) break open any partof the premises of the brewer and forcibly enter therein, and maybreak up the ground in or adjoining such premises, or any wallthereof, to search for such private or concealed pipe or conveyanceor vessel.

(2) If the Officer finds any such pipe or conveyance, hemay enter in any house in the possession of any other person intowhich the pipe or conveyance may lead, and may break up anypart of the house or premises, to search for the vesselcommunicating with the pipe.

(3) Every such pipe, conveyance or vessel, and all beer,wort or materials for brewing found therein shall be absolutelyforfeited, and the brewer is liable to a fine of four thousand dollars.

(4) If any damage is done in the search, and the search isunsuccessful, the damage shall be made good.

25. If any person by himself, or by any person in his employ,obstructs, hinders or molests an Officer in the execution of hisduty, or any person acting in the aid of the Officer, he is liable to afine of four thousand dollars.

26. There shall be allowed and paid in respect of beer on whichduty has been charged or paid and which is subsequently exportedfrom Trinidad and Tobago to foreign parts as merchandiseor shipped for use as ships’ stores, or deposited in a privatewarehouse pending exportation or shipment as ships’ stores, ordelivery therefrom, free of duty, for any other purpose approvedby the Minister, a drawback equal to the amount of duty chargedor paid on such beer.

Power to enterand search forconcealed pipes,etc.

Obstruction ofOfficers.

Drawback onbeer exported.[23 of 19524 of 19616 of 19918 of 1996].

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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L.R.O. 1/2006

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Brewery Chap. 87:52 17

27. (1) Any person may export as merchandise or for use asships’ stores, any beer produced in Trinidad and Tobago, upongiving notice in the required form to an Officer.

(2) The Officer at the port from which the beer is shippedshall endorse on the notice a certificate of the quantity of beeractually exported.

28. (1) An Officer may take a sample of beer from any caskor package produced for shipment for the purpose of ascertainingin the manner authorised by this Act the original gravity thereof.

(2) If the gravity so ascertained, or the quantity tested bygauge or measure, is less than the gravity or quantity stated in thedeclaration and notice delivered to the proper Officer, or, if thedeclaration or notice contains any untrue statement, the brewer,and also the person intending to export the beer, is liable to a fineof two thousand dollars.

29. (1) The Customs Officer at the port from which the beeris shipped shall endorse on the notice a certificate of the quantityof beer actually exported, and, at the expiration of one month fromthe date of the certificate, the proper Officer shall deliver to theexporter or his agent a debenture, in the prescribed form, specifyingthe amount of the drawback payable in respect of the beer.

(2) The debenture shall be presented to the Comptroller,with a declaration endorsed thereon containing the prescribedparticulars, signed by the exporter; and the Comptroller shallthereupon pay the exporter the amount specified in the debenture.

(3) Where a certificate of landing at the port of destinationis required, the certificate shall be delivered to the Comptrollerprior to the payment of the drawback.

30. (Repealed by Act No. 8 of 1996).

31. (1) A dealer in or retailer of beer shall not receive or havein his custody or possession any sugar, saccharine substance, extractor syrup (except for domestic use, the proof whereof lies on him),or any preparation for increasing the gravity of beer.

Exportation ofbreweryproducts.[8 of 1996].

Samples toascertain gravityof beer forexport.[8 of 1996].

Debenture forpayment ofdrawback.

Prohibitionagainstpossession ofsugar and othersubstances.

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UPDATED TO DECEMBER 31ST 2007

LAWS OF TRINIDAD AND TOBAGO

18 Chap. 87:52 Brewery

(2) If a dealer in or retailer of beer receives or has in hiscustody or possession any article in contravention of this section,the article shall be forfeited, and he is liable to a fine of onethousand dollars.

(3) This section shall not apply to sugar and otherpreparations deposited, in conformity with section 14, in the enteredsugar store of a brewer, nor to sugar or syrup kept for sale in theordinary course of trade, where upon the same premises the tradeor business of a dealer in or retailer of beer is carried on.

32. (1) Whenever it appears to the satisfaction of the Ministerthat any substance or liquor is, or is capable of being, used in themanufacture or preparation for sale of any article subject to a dutyof excise, and that the substance or liquor is of a noxious ordetrimental nature, or, being a chemical or artificial extract orproduct, may affect prejudicially the interests of the revenue, theMinister may, by Notification, prohibit the use of the substance orliquor in the manufacture or preparation for sale of any articlespecified in the Notification, and by like Notification to withdrawthe prohibition at any time.

(2) If, after the publication of any such Notification ofprohibition in the Gazette, any person uses the substance or liquorthereby prohibited in the manufacture or preparation for sale ofany article therein specified, he is liable to a fine of two thousanddollars, and any such substance or liquor found in the possessionof any person licensed for the manufacture or for the sale of thearticle, and also the article in the manufacture or preparationwhereof any such substance or liquor may have been used, shallbe forfeited.

33. (Repealed by Act No. 8 of 1996).

34. All materials imported by brewers for using in brewingand admitted as such by the Comptroller shall be free of all dutywhatsoever imposed by any law; but any brewer who disposes ofany materials admitted free of duty otherwise than for brewing ofbeer is liable to a fine of twenty-five thousand dollars in additionto the amount of the duty payable on such materials.

Power toprohibit use ofcertainsubstances inexcisable goods.

Exemption fromCustoms duty.[8 of 1996].

.

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UPDATED TO DECEMBER 31ST 2007

L.R.O. 1/2006

LAWS OF TRINIDAD AND TOBAGO

Brewery Chap. 87:52 19

34A. (1) On the written application of a brewer, the Ministermay by Order authorise the manufacture of any beverage on thepremises of the brewer under such terms and conditions as may becontained in the Order.

(2) A brewer who fails to comply with any terms orconditions contained in an Order made by the Minister undersubsection (1) is liable on summary conviction to a fine oftwenty-five thousand dollars.

34B. A brewer may for the purpose of an authorisedmanufacture, use plant and equipment admitted free of duty forthe brewing of beer.

35. All offences under this Act may be prosecuted, and allpenalties incurred may be imposed or recovered, in the mannerprovided by the Summary Courts Act.

Minister mayauthorisemanufacture ofother beverages.[45 of 19808 of 1996]

Use of duty-freeequipment inauthorisedmanufacture.[45 of 1980].

Penalties.

Ch. 4:20.

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UPDATED TO DECEMBER 31ST 2007

LAWS OF TRINIDAD AND TOBAGO

20 Chap. 87:52 Brewery

SCHEDULETABLE TO BE USED IN DETERMINING THE ORIGINAL SPECIFICGRAVITY OF WORTS OF BEER BY THE DISTILLATION PROCESS

Section 8.

Degreesof SpiritIndica-tion

Degreesof originalspecificgravity

Degreesof SpiritIndica-tion

Degreesof originalspecificgravity

Degreesof SpiritIndica-tion

Degreesof originalspecificgravity

Degreesof SpiritIndica-tion

Degreesof originalspecificgravity

0.00.10.20.30.40.50.60.70.80.91.01.11.21.31.41.51.61.71.81.92.02.12.22.32.42.52.62.72.82.93.03.13.23.33.43.53.63.73.83.94.0

0.000.420.851.271.702.122.552.973.403.824.254.675.105.525.956.376.807.227.658.078.508.949.389.82

10.2610.7011.1411.5812.0212.4612.9013.3413.7814.2214.6615.1015.5415.9816.4216.8617.30

4.14.24.34.44.54.64.74.84.95.05.15.25.35.45.55.65.75.85.96.06.16.26.36.46.56.66.76.86.97.07.17.27.37.47.57.67.77.87.98.08.1

8.28.38.48.58.68.78.88.99.09.19.29.39.49.59.69.79.89.9

10.010.110.210.310.410.510.610.710.810.911.011.111.211.311.411.511.611.711.811.912.012.112.2

12.312.412.512.612.712.812.913.013.113.213.313.413.513.613.713.813.914.014.114.214.314.414.514.614.714.814.915.015.115.215.315.415.515.615.715.815.916.0

17.7518.2118.6619.1219.5720.0320.4820.9421.3921.8522.3022.7623.2123.6724.1224.5825.0325.4925.9426.4026.8627.3227.7828.2428.7029.1629.6230.0830.5431.0031.4631.9332.3932.8633.3233.7934.2534.7235.1835.6536.11

36.5837.0437.5137.9738.4438.9039.3739.8340.3040.7741.2441.7142.1842.6543.1243.5944.0644.5345.0045.4845.9746.4546.9447.4247.9148.3948.8849.3649.8550.3550.8551.3551.8552.3552.8553.3553.8554.3554.8555.3655.87

56.3856.8957.4057.9158.4258.9359.4459.9560.4660.9761.4861.9962.5163.0163.5264.0364.5465.1065.6266.1466.6667.1867.7068.2268.7469.2669.7870.3070.8371.3671.8972.4272.9573.4874.0174.5475.0775.60

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UPDATED TO DECEMBER 31ST 2007

L.R.O. 1/2006

LAWS OF TRINIDAD AND TOBAGO

Brewery Chap. 87:52 21

SUBSIDIARY LEGISLATION

BREWERY (MANUFACTURE OFBEVERAGES) ORDER

made under section 34A.

1. This Order may be cited as the Brewery (Manufacture ofBeverages) Order.

2. The Minister hereby authorises the CaribbeanDevelopment Company Limited to manufacture “VIMTO” and“GINSENG UP” on the terms and conditions specified as follows:

(a) the manufacturing process shall be submitted tothe Brewery Officer;

(b) twenty-four hours advance notice shall besubmitted to the Brewery Officer prior to thecommencement of the manufacturing process;

(c) the dissolving and collecting vessels shall beclearly identified;

(d) the company shall keep a register and that registershall show particulars pertaining to—

(i) the quantity and description of rawmaterials imported or purchased locally;

(ii) the quantity and description of rawmaterials issued for the manufacturingprocess;

(iii) the quantity and description of the finishedproduct; and

(e) all operations shall be subject to the BreweryOfficer’s supervision.

l

112/1990.

Citation.

Authority tomanufacturebeverages.

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UPDATED TO DECEMBER 31ST 2007